CRM-M-42425- 102 IN THE HIGH COURT OF PUNJAB AND HARYANA Sukhwinder Singh State of Punjab CORAM : HON'BLE MS Present: Mr. Pratham Sethi, Advocate for the petitioner. Mr. Sahil Chowdhary, AAG Punjab. Mr. Sachin Sharma, Advocate for the complainant. MANDEEP PANNU J. 1. The present petition has been petitioner for grant of registered under Sections 379/427/447/511/120 District Police Commissionerate Jalandhar 2. It is not in dispute that vide order dated 06.08.2020, the petitioner was directed to join the investigation and interim protection was granted to him. 3. Learned State counsel, on instructions that the petitioner has indeed joined the investigation. The only grievance of the prosecution is that the petitioner is not disclosing the name of the alleged co accused. 4. Once the petitioner has complied with the directions of this Court and has joined the investigation, it cannot be said that he is not cooperating merely on the ground that he has not made any inculpatory statement. The petitioner cannot -2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Sukhwinder Singh VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Pratham Sethi, Advocate for the petitioner. Mr. Sahil Chowdhary, AAG Punjab. Mr. Sachin Sharma, Advocate for the complainant. -.- MANDEEP PANNU J. (Oral) The present petition has been filed under Section for grant of anticipatory bail in case FIR No. registered under Sections 379/427/447/511/120 Commissionerate Jalandhar. It is not in dispute that vide order dated 06.08.2020, the petitioner was directed to join the investigation and interim protection was granted to him. Learned State counsel, on instructions that the petitioner has indeed joined the investigation. The only grievance of the prosecution is that the petitioner is not disclosing the name of the alleged co Once the petitioner has complied with the directions of this Court and d the investigation, it cannot be said that he is not cooperating merely on the ground that he has not made any inculpatory statement. The petitioner cannot -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42425-2025 (O&M) Date of Decision : 25.02.2026 ....Petitioner ....Respondents MANDEEP PANNU Mr. Pratham Sethi, Advocate for the petitioner. Mr. Sahil Chowdhary, AAG Punjab. Mr. Sachin Sharma, Advocate for the complainant. filed under Section 482 of BNSS, by the bail in case FIR No. 5, dated 07.02.2025, registered under Sections 379/427/447/511/120-B IPC, at Police Station NRI, It is not in dispute that vide order dated 06.08.2020, the petitioner was directed to join the investigation and interim protection was granted to him. Learned State counsel, on instructions ASI Jaswinder Singh, submits that the petitioner has indeed joined the investigation. The only grievance of the prosecution is that the petitioner is not disclosing the name of the alleged co Once the petitioner has complied with the directions of this Court and d the investigation, it cannot be said that he is not cooperating merely on the ground that he has not made any inculpatory statement. The petitioner cannot by the 5, dated 07.02.2025, NRI, It is not in dispute that vide order dated 06.08.2020, the petitioner was , submits that the petitioner has indeed joined the investigation. The only grievance of the prosecution is that the petitioner is not disclosing the name of the alleged co- Once the petitioner has complied with the directions of this Court and d the investigation, it cannot be said that he is not cooperating merely on the ground that he has not made any inculpatory statement. The petitioner cannot TRIPTI SAINI 2026.02.26 10:09 I attest to the accuracy and integrity of this document CRM-M-42425- be compelled to make a statement which may be self facts in a manner a itself, does not amount to non Agency does not allege that he has evaded appearance or disobeyed any specific direction. 5. No recovery is stat made himself available for investigation as and when required. In these circumstances, the object of custodial interrogation does not appear to be warranted. 6. In view of the above, the order dated The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973 2023). 7. All pending miscellaneous application(s), if any, stands disposed of. February 25, 202 tripti Whether speaking/non Whether reportable -2026 (O&M) be compelled to make a statement which may be self facts in a manner adverse to his own defence. Non itself, does not amount to non-cooperation, particularly when the Investigating Agency does not allege that he has evaded appearance or disobeyed any specific No recovery is stated to be pending from the petitioner and he has made himself available for investigation as and when required. In these circumstances, the object of custodial interrogation does not appear to be In view of the above, the order dated The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) of the Code of Criminal Procedure, 1973 (corresponding Sect All pending miscellaneous application(s), if any, stands disposed of. , 2026 Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -2- be compelled to make a statement which may be self-incriminatory or to disclose dverse to his own defence. Non-disclosure of certain facts, by cooperation, particularly when the Investigating Agency does not allege that he has evaded appearance or disobeyed any specific ed to be pending from the petitioner and he has made himself available for investigation as and when required. In these circumstances, the object of custodial interrogation does not appear to be In view of the above, the order dated 06.08.2025 is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) (corresponding Section 482(2) of BNSS, All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No incriminatory or to disclose disclosure of certain facts, by cooperation, particularly when the Investigating Agency does not allege that he has evaded appearance or disobeyed any specific ed to be pending from the petitioner and he has made himself available for investigation as and when required. In these circumstances, the object of custodial interrogation does not appear to be is made absolute. The petitioner shall, however, join investigation as and when called. The petitioner shall also abide by all the terms and conditions as specified under Section 438(2) ion 482(2) of BNSS, All pending miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.02.26 10:09 I attest to the accuracy and integrity of this document